Patna High Court
RAMESH SAHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue.
Summary
The appellant, Ramesh Sah, was the subject of a criminal appeal (DB) No.913 of 2006 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police and local officials reported that the appellant had died. The court examined the letters and reports confirming the death. It considered Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative files an application for leave to continue the appeal
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.913 of 2006
======================================================
Ramesh Sah, son of Anuthilal Sah, resident of village Chandpura, P.S.
Deshari, District- Vaishali.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Nilesh Kumar, Advocate
Mr. Amrendra Kumar, Advocate
Mr. Purushottam Kumar, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 11-05-2026 Perused the Letter No.655 dated 04.05.2026 of the
Superintendent of Police, Vaishali along with the Report dated
01.05.2026 of SHO, Chandpura Police Station as well as the
Report dated 01.05.2026 of the Sarpanch of Gram Kachahari,
Rasulpur, Habib, Desari, Vaishali wherein it is indicated that
during enquiry it came to light that the appellant, namely,
Ramesh Sah, is dead.
2. In view of the said letters as also Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
Patna High Court CR. APP (DB) No.913 of 2006(4) dt.11-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
U T
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